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Barrister Profile

EMMA MCILVEEN

Year of Call: 2016

Main Areas of Practice

Administrative Law or Judicial Review
Employment Law
Personal Injury
Probate

Biography

Emma is an experienced civil practitioner with a broad and sophisticated practice spanning employment, public law, criminal and regulatory work, coronial proceedings, and trusts and estates. She regularly appears before courts, tribunals and inquests and is qualified to practise in Northern Ireland, the Republic of Ireland and Great Britain. Emma is frequently instructed in complex, sensitive and high-stakes disputes, often involving vulnerable individuals, public bodies and significant reputational/regulatory risk, and is particularly valued for her ability to manage cases where civil, criminal and public law issues overlap.

Employment, Discrimination & Equality Law

Emma is regularly instructed by both Claimants and Respondents across the full range of employment law. She has particular expertise in complex and overlapping claims involving whistleblowing, trade union detriment, equal pay and discrimination, including disability, race and victimisation. Her work frequently involves cases where employment law intersects with public law, regulatory duties or criminal allegations, requiring careful management of parallel proceedings and heightened procedural fairness. She advises a wide range of clients, including public bodies, charities and churches, particularly in matters involving governance, discipline, safeguarding and internal decision-making. Emma is also experienced in employment disputes raising constitutional and public law issues, including proportionality, procedural fairness and the lawful exercise of statutory powers. In addition to Tribunal litigation, Emma is regularly instructed in employment-related civil proceedings, including contractual disputes, injunctions and professional negligence claims arising from failures to advise on limitation, appeal rights or statutory remedies. She has represented Claimants backed by the Equality Commission for Northern Ireland in discrimination proceedings before the County Court and is experienced in cases involving significant public interest or policy considerations. Emma also has significant appellate experience in employment law and has acted as sole junior counsel in a number of employment appeals before the Court of Appeal in Northern Ireland. Most recently, she successfully represented the National Farmers Union in an appeal concerning employment status, securing a favourable outcome on issues of worker classification and contractual reality. Emma also has a specialist interest in sports law and has represented a number of Irish League football clubs. She is the current Vice Chair of the Employment Lawyers Group in Northern Ireland and publishes a monthly employment law newsletter, McIlveen on Employment.

Public Law/ Judicial Review

Emma has a strong and established public law practice and is instructed for both Applicants and Respondents in judicial review proceedings. She has particular expertise in education, special educational needs and healthcare decision-making, and in cases involving disabled or otherwise vulnerable individuals. She is frequently instructed in challenges concerning unlawful delay, procedural impropriety and failures by public authorities to comply with statutory duties. Emma has extensive experience in urgent and limitation-sensitive judicial review proceedings, including applications for interim and emergency relief. Recent instructions include acting in emergency proceedings concerning the operation of statutory call-in procedures across local councils and high-profile challenges arising from policing and security operations, including the Operation Denton judicial review. These cases engage fundamental constitutional issues including freedom of expression, proportionality, policing powers, executive accountability and access to justice. She has a particular interest and expertise in constitutional and administrative law and is valued for her ability to advance principled and robust arguments in politically or socially sensitive cases. Emma serves on the committee of the Public Law Bar Association.

Criminal Prosecution, Regulatory & Disciplinary Work

Emma has substantial experience in the prosecution of Crown cases, which underpins her regulatory and disciplinary practice and informs her strategic approach to cases involving serious allegations. Her prosecution experience includes complex matters involving fraud, murder, drugs offences and historic sexual offences. She has completed the Vulnerable Witnesses course at the Institute of Professional Legal Studies (IPLS), has extensive experience of working alongside registered intermediaries, and has co-authored articles on vulnerable witnesses and the use of RIs in criminal and regulatory proceedings. She is experienced in the careful handling of cases involving vulnerable witnesses, sensitive evidence and safeguarding considerations. As a result of this background, Emma has developed significant expertise in professional regulation and has appeared before regulatory bodies including the Nursing and Midwifery Council (NMC) and the Health and Care Professions Council (HCPC). She is regularly instructed in cases where employment, regulatory and criminal issues overlap, including disciplinary proceedings arising from alleged criminal conduct, safeguarding concerns or reputational risk. Emma is adept at navigating parallel processes and advising on the interaction between criminal investigations, regulatory proceedings and employment claims.

Coroner’s Inquests

Emma has considerable experience in coronial work and has appeared in inquests, including complex and sensitive cases. She has acted as Counsel to the Coroner and has been instructed in a number of deaths in custody cases. She has also represented public authorities in inquest proceedings, including representing the Northern Ireland Prison Service in the Colin Bell inquest. Emma is experienced in cases engaging Article 2 ECHR duties, disclosure issues and the conduct of inquests involving public scrutiny, institutional accountability and bereaved families.

Trusts, Estates & Probate

Emma practises in contentious trusts and estates and is an affiliate member of the Society of Trust and Estate Practitioners (STEP). She has completed the STEP Northern Ireland Estates Examination, for which she was awarded a STEP prize in recognition of outstanding performance, and she is currently working towards the STEP Diploma. She has also completed the Advanced Certificate in Advising the Family Business. Her practice includes disputes arising from intestacy, the administration of estates, adverse possession, capacity and vulnerability, and historic failures to regularise title or estate affairs. Emma is regularly instructed in cases involving complex family dynamics, allegations of exploitation or undue influence, and the protection of vulnerable individuals. She is valued for her careful and sensitive handling of family disputes and for providing clear, pragmatic advice in emotionally charged and legally complex cases.


Qualifications

​Appointments

Legal Chairman for Special Educational Needs and Disability Tribunal, Northern Ireland

Member of Independent Appeals Panel for Labour Relations Agency, Northern Ireland

Legal member for National Serious Case Panel for The Football Association, GB

Member of Anti-Discrimination Panel for Premier League, English Football League.

Professional Memberships and awards

Government Legal Service Civil Counsel Panel (B Panel)

Coroners Service Counsel Panel (C Panel)

JPB Maxwell Scholarship 2016

Committees

Vice Chair of Employment Lawyers Group NI

Treasurer of The Northern Ireland Medico Legal Society

Secretary of The Immigration Bar Association

Member of Public Bar Association Committee

Specialist Training

Accredited Mediator, Mediation Forum Ireland

Vulnerable Witness Training, Institute of Professional Legal Studies

Affiliate member of The Society of Trust and Estate Practitioners (STEP)

Professional Qualifications

LL.B. Law with Politics with First Class Honours, Queen’s University, Belfast (Ranked 1st in Class)

Kennedy Scholar, Harvard University

Postgraduate Diploma in Professional Legal Studies with Distinction (Ranked 1st in Class)

2016: Call to Bar of NI

2016: Call to New York Bar

2019: Call to Bar of Ireland

2020: Call to Bar of England & Wales

Experience

A selection of published cases

SUPREME COURT

In the matter of an application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland) [2018] UKSC 27:Represented Department of Health in challenge to Northern Ireland’s abortion laws

JUDICIAL REVIEW

Smyth, Re Application for Judicial Review [2018] NICA 25: Represented the Attorney General in a challenge regarding the recognition of humanist marriages in Northern Ireland

JR76, Re Judicial Review [2019] NIQB 103: Represented the Attorney General in a challenge to the decision of the PPS to prosecute a mother for procuring abortion pills online

Li, Re Judicial Review [2019] NIQB 99 (2 December 2019): Represented Applicant who challenged a decision of the Secretary of State to remove him from the United Kingdom.

The Northern Ireland Human Rights Commission (abortion services) [2021] NIQB 91: Instructed on behalf of the Department of Health in a case concerning the provision of abortion services in Northern Ireland.

Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin) - Represented Heidi Crowter in respect of her challenge against law which
permits abortion of children with Down’s Syndrome until birth (GB case)

SPUC Pro-life Ltd, Re Application for Judicial Review [2022] NIQB 9 (08 February 2022)- Instructed on behalf of the Minister of Health in a case which concerned the provision of abortion services in Northern Ireland

EMPLOYMENT TRIBUNAL

Gruzdaite v McGranes Nurseries Ltd 17421/18IT- Successfully represented woman who was unfairly dismissed because of her pregnancy.

Rice v Dignity Funerals Limited [2017] NIIT 02651/16IT- Made application to enable the Claimant to rely upon material obtained as a result of a covert recording. Respondent alleged this material was “without prejudice”. The Tribunal disagreed and admitted the material into evidence

Wahab v Four Seasons (No7) Limited (Discrimination - Race Breach of Contract Unfair Dismissal Other) [2021] NIIT 24540_19IT (18 November 2021)- Successfully defended a claim of race discrimination on behalf of a Respondent

McEldowney v Randox Farming Limited trading… (Breach of Contract Unfair Dismissal) [2021] NIIT 17412_18IT (26 March 2021)- Successfully represented Claimant in unfair dismissal case. First case in Northern Ireland where Tribunal appointed a Registered Intermediatory to assist the Claimant as a reasonable adjustment for hearing

Lendrum v Northern Excavators Ltd & Ors NIIT/2019/01863_18IT (04 April 2019): Successfully made an application to allow Claimant to amend his claim form and extend time

Percy v Lenelea Electronics Ltd (Discrimination - Age Discrimination - Disability Discrimination - Sex Unfair Dismissal) [2021] NIIT/2021/06347_20IT: Successfully defended company facing allegations of age & disability discrimination

SENDIST

Represented parents of child with Down’s Syndrome who alleged disability discrimination before Special Educational Needs and Disability Tribunal. Case report can be assessed here